Kiser v. Sawyer
Supreme Court of Kansas
Error from Leavenworth County. On the 14th of May, 1864, defendant in error obtained judgment • against plaintiff in' error in district court for Leavenworth county, on which several executions were returned unsatisfied. At the time of the rendition of the judgment, plaintiff in error owned an equitable interest in certain real estate in that county, under a contract to purchase the same.
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Error from Leavenworth County. On the 14th of May, 1864, defendant in error obtained judgment • against plaintiff in' error in district court for Leavenworth county, on which several executions were returned unsatisfied. At the time of the rendition of the judgment, plaintiff in error owned an equitable interest in certain real estate in that county, under a contract to purchase the same. On the third of October, 1866, plaintiff in error sold his said interest in the contract and estate to third parties. On the 3d day of October, 1867, the defendant in error made his motion for ap order…
1Opinion of the Court
By the Court,
Safford, J.
The first, and perhaps the most important question which is presented in this case, is as to the construction which should be given to §433 of the code, or rather, the first clause of said section ; and it may be stated thus ; Do the words “lands and tenements,” as there used, include any other lands than those to which a judgment debtor has, at the time of the rendition of the judgment against him, a legal title % The plaintiff in error contends that they do not, and cites as authority, 8 Q., 21. If there was no other provision of our statute bearing upon this…
2Cited by10 opinions
- Gaynes v. WallingfordSupreme Court of Kansas · 1959
- Strom v. WoodSupreme Court of Kansas · 1917
- Poole v. FrenchSupreme Court of Kansas · 1905
- Shedd v. McConnellSupreme Court of Kansas · 1877
- Kirkwood v. KoesterSupreme Court of Kansas · 1873
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